It describes the evidence against Cole as circumstantial evidence of past guilt, not proof of ongoing risk at issue in the present. Even if credited, the government’s evidence describes an isolated window on a single evening nearly four years ago. Finally, the unique conditions surrounding January 5–6, 2021, are unlikely to recur in a way that would present the same risk profile for Mr. Cole. The defense’s position is that the government cannot continue to keep Mr. Cole in custody absent a valid finding of probable cause. One reason to do that is it raises the bar on pretrial detention.

Source: ABC News December 30, 2025 11:45 UTC